Full Text of HB0557 96th General Assembly
HB0557 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0557
Introduced 2/4/2009, by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/Art. 21.2 heading |
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720 ILCS 5/21.2-1 |
from Ch. 38, par. 21.2-1 |
720 ILCS 5/21.2-2 |
from Ch. 38, par. 21.2-2 |
720 ILCS 5/21.2-3 |
from Ch. 38, par. 21.2-3 |
720 ILCS 5/21.2-4 |
from Ch. 38, par. 21.2-4 |
720 ILCS 5/21.2-5 |
from Ch. 38, par. 21.2-5 |
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Amends the Criminal Code of 1961. Expands the statute concerning interference with a public institution of higher education to also include interference with public elementary and secondary schools. Provides that if the interference with the public institution of education is accompanied by a threat, the person commits a Class 3 felony and may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years and may be prosecuted for intimidation.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0557 |
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LRB096 03855 RLC 13889 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| the heading of Article 21.2 and Sections 21.2-1, 21.2-2, | 6 |
| 21.2-3, 21.2-4, and 21.2-5 as follows: | 7 |
| (720 ILCS 5/Art. 21.2 heading) | 8 |
| ARTICLE 21.2. INTERFERENCE WITH A PUBLIC
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| INSTITUTION OF HIGHER EDUCATION
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| (720 ILCS 5/21.2-1) (from Ch. 38, par. 21.2-1)
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| Sec. 21.2-1.
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| The General Assembly, in recognition of unlawful campus and | 13 |
| school disorders across
the nation which are disruptive of the | 14 |
| educational process, dangerous to
the health and safety of | 15 |
| persons, damaging to public and private property,
and which | 16 |
| divert the use of institutional facilities from the primary
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| function of education, establishes by this Act criminal | 18 |
| penalties for
conduct declared in this Article to be unlawful. | 19 |
| However, this Article does
not modify or supersede any other | 20 |
| law relating to damage to persons or
property, nor does it | 21 |
| prevent a public institution of higher education from
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| establishing restrictions upon the availability or use of any |
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HB0557 |
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LRB096 03855 RLC 13889 b |
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| building or
other facility owned, operated or controlled by the | 2 |
| institution to preserve
their dedication to education, nor from | 3 |
| establishing standards of
scholastic and behavioral conduct | 4 |
| reasonably relevant to the missions,
processes and functions of | 5 |
| the institution, nor from invoking appropriate
discipline or | 6 |
| expulsion for violations of such standards.
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| (Source: P.A. 76-1582.)
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| (720 ILCS 5/21.2-2) (from Ch. 38, par. 21.2-2)
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| Sec. 21.2-2.
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| A person commits interference with a public institution of | 11 |
| higher
education when, on the campus of a public institution of | 12 |
| higher education,
or at or in any building or other facility | 13 |
| owned, operated or controlled by
the institution, without | 14 |
| authority from the institution he, through force
or violence, | 15 |
| actual or threatened:
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| (a) willfully denies to a trustee, school board member, | 17 |
| superintendent, principal, employee, student or invitee of the
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| institution:
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| (1) Freedom of movement at such place; or
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| (2) Use of the property or facilities of the institution; | 21 |
| or
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| (3) The right of ingress or egress to the property or | 23 |
| facilities of the
institution; or
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| (b) willfully impedes, obstructs, interferes with or | 25 |
| disrupts:
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HB0557 |
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LRB096 03855 RLC 13889 b |
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| (1) the performance of institutional duties by a trustee , | 2 |
| school board member, superintendent, principal, or employee of
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| the institution; or
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| (2) the pursuit of educational activities, as determined or | 5 |
| prescribed
by the institution, by a trustee, school board | 6 |
| member, superintendent, principal, employee, student or | 7 |
| invitee of the
institution; or
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| (c) knowingly occupies or remains in or at any building, | 9 |
| property or
other facility owned, operated or controlled by the | 10 |
| institution after due
notice to depart.
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| (Source: P.A. 76-1582.)
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| (720 ILCS 5/21.2-3) (from Ch. 38, par. 21.2-3)
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| Sec. 21.2-3.
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| Nothing in this Article prevents lawful assembly of the | 15 |
| trustees, school board members, superintendent, principal,
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| employees, students or invitees of a public institution of | 17 |
| higher
education, or prevents orderly petition for redress of | 18 |
| grievances.
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| (Source: P.A. 76-1582.)
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| (720 ILCS 5/21.2-4) (from Ch. 38, par. 21.2-4)
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| Sec. 21.2-4. Sentence.
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| A person convicted of violation of this Article commits a | 23 |
| Class C
misdemeanor for the first offense and for a second or | 24 |
| subsequent offense
commits a Class B misdemeanor. If the |
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HB0557 |
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LRB096 03855 RLC 13889 b |
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| interference with the public institution of education is | 2 |
| accompanied by a threat, the person commits a Class 3 felony | 3 |
| and may be sentenced to a term of imprisonment of not less than | 4 |
| 2 years and not more than 10 years and may be prosecuted for | 5 |
| intimidation in accordance with Section 12-6 of this Code.
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| (Source: P.A. 77-2638.)
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| (720 ILCS 5/21.2-5) (from Ch. 38, par. 21.2-5)
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| Sec. 21.2-5.
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| For the purposes of this Article the words and phrases | 10 |
| described in this
Section have the meanings designated in this | 11 |
| Section, except when a
particular context clearly requires a | 12 |
| different meaning.
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| "Public institution of higher education" means an | 14 |
| educational
organization located in this State which provides | 15 |
| an organized elementary, secondary, or post-high
school | 16 |
| educational program, and which is supported in whole or in part | 17 |
| by
appropriations of the General Assembly , a unit of local | 18 |
| government or school district .
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| A person has received "due notice" if he, or the group of | 20 |
| which he is a
part, has been given oral or written notice from | 21 |
| an authorized
representative of the public institution of | 22 |
| higher education in a manner
reasonably designated to inform | 23 |
| him, or the group of which he is a part,
that he or they should | 24 |
| cease such action or depart from such premises. The
notice may | 25 |
| also be given by a printed or written notice forbidding entry
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HB0557 |
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LRB096 03855 RLC 13889 b |
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| conspicuously posted or exhibited at the main entrance of the | 2 |
| building or
other facility, or the forbidden part thereof.
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| "Force or violence" includes, but is not limited to, use of | 4 |
| one's
person, individually or in concert with others, to impede | 5 |
| access to or
movement within or otherwise to interfere with the | 6 |
| conduct of the
authorized activities of the public institution | 7 |
| of higher education, its
trustees, school board members, | 8 |
| superintendent, principal, employees, students or invitees.
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| (Source: P.A. 76-1582.)
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